Waypoint Solitary Confinement Class Action
UPDATE – JUNE 20, 2025
On June 25, 2024, the Superior Court dismissed the plaintiffs’ motion for certification. Despite finding that “there is more than some basis in fact for many prima facie cases of negligence, breach of fiduciary duty, or breaches of the Charter” against the defendants, the Court held there was no basis in fact of systemic wrongdoing or abuse. On May 21, 2025, the Court of Appeal upheld the decision of the Superior Court.
The plaintiffs are seeking leave to appeal to the Supreme Court of Canada. The decision ignores the central tenant of the case, which alleges that Waypoint’s deficient policies apply to all class members and breach the standard of care with respect to all class members by authorizing prolonged seclusion as a patient management tool in the absence of minimum conditions associated with medical seclusion.
CLASS ACTION LAUNCHED ON BEHALF OF INVOLUNTARY PATIENTS AT THE WAYPOINT CENTRE FOR MENTAL HEALTH CARE
Rochon Genova has commenced a proposed class action on behalf of involuntary patients at the Waypoint Centre for Mental Health Care relating to systemic abuses of solitary confinement and seclusion starting in the year 2000 and continuing to the present.
Waypoint (formerly, the Mental Health Centre Penetanguishene) is a psychiatric facility located in Penetanguishene, Ontario. Waypoint houses involuntary patients, including those found Not Criminally Responsible on account of Mental Disorder.
The proposed class action, filed with the Ontario Superior Court of Justice, alleges that Waypoint and the Ontario government have been systemically negligent by routinely subjecting involuntary patients to solitary confinement. It is alleged that patients are placed in confinement for weeks, months and sometimes years at a time, as part of “formal seclusion” and various behaviour management programs, including “Individual Management Plans”, “Targeted Safety Protocols” and “Crisis Prevention Plans”, among others.
Solitary confinement has been known to cause serious physical and psychiatric harm. The severity of this harm is exacerbated in those with preexisting mental illness. For this reason, the United Nations Committee against Torture recommends that those with mental illness should never be subjected to solitary confinement. The use of prolonged solitary confinement is contrary to many domestic and international protocols and standards including the International Covenant on Civil and Political Rights, the Convention Against Torture, and the principle of least restraint.
The practices alleged to amount to solitary confinement began when the facility was administered by Ontario in the year 2000 and continue to the present day. The claim alleges that Waypoint, certain of its senior executives, and Ontario knew or ought to have known that these practices are seriously harmful and contravene acceptable medical and ethical standards for the treatment of involuntary psychiatric patients. It is alleged that these practices also violate these involuntary patients’ rights under the Canadian Charter of Rights and Freedoms.
The claims have not yet been proven in court. For information about the proposed class action please contact Golnaz Nayerahmadi ([email protected]) or Pritpal Mann (pmann@rochongenova.com) at (416) 363-1867 or 1-866-881-2292.
Read more:
Waypoint Centre for Mental Health Care faces solitary confinement lawsuit
Penetang psychiatric facility wrongfully confines patients, proposed class-action alleges
Penetanguishene’s Waypoint Centre for Mental Health Care faces $200-million lawsuit